API Terms of Service
These Terms of Service were last updated on February 10, 2012
The Fitbit API (the "API") is provided as an asset to community members and partners to facilitate innovation in health, wellness and tracking applications. It is designed to interact with and enhance the Fitbit Tracker and the Fitbit user platform.
While we try to provide the most open and flexible access we can, we aim to support a balance between developers' needs, users' privacy, and the integrity of Fitbit's product and business vision. To that end, we anticipate that the Fitbit Platform, our API and these Terms of Service will evolve over time. We will update these Terms of Service as needed or required and will always post such updates here.
If there is a use case you would like to see covered that is not currently supported by the API or these Terms of Service, please contact us at email@example.com to discuss your needs. Additionally, please participate in the Fitbit API developer group, which can be found here.
1. Certain Definitions
"Application(s)" means applications developed by you that interact with the Fitbit Platform.
"Customer Data" means any data collected by users of your Developer Application, including but not limited to the names, addresses, URL's, or e-mail addresses of any Fitbit customer.
"Fitbit Data" means the user data collected from the Fitbit Tracker and made available to you through the API.
"Fitbit User Interface" means the Fitbit user interface, currently located at www.fitbit.com.
"Fitbit Platform" means the Fitbit API, the Fitbit Data and the Fitbit User Interface.
"User" means a registered user of your application.
"User Data" means that subset of the Fitbit Data that is associated with a User.
2. Data Access, Restrictions & Policies
- You may use the API to develop Applications designed to interact with and enhance the Fitbit Platform or for data backup purposes.
- The API is made available for the purposes of extending and improving the Fitbit product experience, and the API should not be used to create services that replace the Fitbit Platform.
- You may use the API to retrieve or post Fitbit Data, subscribe to User Data-feeds and render and display information in external applications according to these Terms of Service.
- Fitbit Data may be used solely as necessary to provide your Application to end users. You may make no further use of the Fitbit Data without express User consent.
- Use of the API is subject to restrictions on rate limit, use types and method calls as outlined on the Fitbit Developer Portal. If Fitbit reasonably believes that you have exceeded your rate limits or have attempted to circumvent the rate limit or authentication systems, your ability to utilize the API may be temporarily suspended or permanently revoked. Fitbit may monitor your usage of the API in order to improve our service and to ensure compliance with our policies.
- You will not attempt or encourage others to:
- Re-sell, re-license or syndicate access to the API to third parties in a way that bypasses said third parties requirements to register with Fitbit for API access;
- Perform wholesale export of Fitbit Data for the purpose of account migration or service duplication;
- Render Fitbit Data within another product without complying with the display guidelines outlined below;
- Use the API for purposes of publishing known bad data into the Fitbit system.
- Use or access the API for the purpose of monitoring the performance or functionality of the Fitbit Platform or for any other benchmarking or competitive purposes.
If you are unsure whether your intended use of the API is in compliance with these Terms of Service, please contact us at firstname.lastname@example.org to discuss. Additionally, please participate in the Fitbit API Developer Forum located here.
3. Principles & Best Practices
When developing with the API, we ask that you honor the following Principles and Best Practices:
- Do not be destructive of User Data
- Do your best to be true to user intent when capturing, recording or displaying User Data.
- Do not overwrite or delete User Data without explicit User intent and confirmation.
- Do not misrepresent data to a User after retrieval from or before submission to the Fitbit system. For example, when displaying User Data to be submitted to the Fitbit system, represent the data as it will be submitted, without potentially confusing summarization, aggregation or exchange of units.
- Respect Users and their Privacy
- Be clear to Users about what User Data will be retrieved from or submitted to Fitbit when they use your Application.
- Do not display or distribute User Data to any external source without explicit User permission.
- Do not facilitate or encourage the publishing of private or confidential information or User Data.
- Do not allow your Application to violate a User's Fitbit privacy settings.
- Do not deliver, allow or enable the delivery of spam through your Application.
- Ensure that your Application complies with all relevant privacy and security laws, rules and regulations.
- Offer Users a clear path back to their Fitbit Account
- Always provide clear documentation and links for Users to navigate to their Fitbit Account from your Application.
- Paths to Fitbit User accounts should be available wherever User Data is displayed.
- Paths to User's Fitbit accounts should be available in "Settings," "Account" or a similar location from within your Application.
- Be a good partner to Fitbit
- Work to compliment or extend the Fitbit Product and Services with your Application, without replacing the use of the Fitbit User Interface.
- If your Application causes a User's account to violate the Fitbit Terms of Service, API access by your Application may be suspended or revoked.
- Respect the intellectual property rights of others.
- Respect the features and functionality of the Fitbit Product and Services and do not try to disrupt, circumvent, or disable any of those features or functionalities.
- Do not use Fitbit's name or trademarks as part of your name or the name of any Application you offer or in any manner that creates a false sense of endorsement or sponsorship by Fitbit.
- Ensure that your Application complies with all applicable federal, state and local laws, rules and regulations.
4. Integrating Fitbit Features into your Application
- Fitbit Login
- Users must be presented with either the option to create a Fitbit Account, which will direct them to Fitbit.com, or to login to their Fitbit account using Fitbit's OAuth protocol.
- Privacy Settings
- Honor each User's Fitbit privacy settings when displaying data in your Application.
5. Data Display Acknowledgement Guidelines
- When displaying Fitbit Data in your Application, Fitbit should be noted as the source of that data using the text link and/or logo icon made available to you through Fitbit's Developer Portal.
- When collecting Fitbit Data in your Application, it must be noted that the data will be published to Fitbit.
- When displaying Fitbit Data in your Application, paths to the User's Fitbit Account should be available along with the data.
6. License; Ownership of Certain Intellectual Property
- Subject at all times to your full compliance with these Terms of Service, Fitbit grants you a nonexclusive, revocable, non-sublicensable, non-transferable royalty free license to use the API solely to develop reproduce and distribute Developer Applications. Fitbit has no obligation to provide any type of support for the Fitbit API or any services or content related thereto.
- You hereby grant to Fitbit a worldwide, non-exclusive, royalty free, license to copy, display, perform, transmit, and use any Developer Applications and related marks and logos that you create using the Fitbit API, for the purposes of promoting Fitbit and marketing and providing those Developer Applications to customers. However, Fitbit has no obligation to use or promote any Developer Application. Further, you acknowledge that Fitbit reserves the right to disable or upgrade the Fitbit API and related services at any time without notice to you and without any form of compensation or consideration to you, regardless of the status of any Developer Applications. Fitbit has no obligation to ensure that an upgrade of the Fitbit API or related services will continue to be compatible with existing Developer Applications.
- You represent and warrant that you have all rights, including all copyright, trademark and other intellectual property rights, in the Developer Applications necessary to offer the Developer Applications to end users and to grant the license to Fitbit in this Agreement.
- You, and not Fitbit, are responsible for providing all customer and technical support and maintenance for your Developer Applications. You agree to use commercially reasonable measures to maintain the security of Customer Data collected in connection with any of your products or services offered. You agree to not market, sell, transfer or disclose any such Customer Data to any third parties, except as expressly permitted by the customer or except as otherwise provided by law. Customers must be permitted to express contact preferences, via notice and opt-out, at the point of collection and in each subsequent marketing piece.
You may not:
- use the Fitbit API to design or develop anything other than Developer Applications;
- modify, create derivative works of, reverse engineer, reverse compile, or disassemble the Fitbit API;
- distribute, sell, lease, rent, lend, or sublicense any part of the Fitbit API or related services or content to any third party except as included within and necessary to distribute Developer Applications;
- access or attempt to access any Fitbit server, computer system, service or content other than what is expressly authorized by Fitbit. If your Developer Application causes technical stress to the Fitbit platform, Fitbit will disable your access.
8. No Unlawful Activity
You agree that your Developer Application will not:
- upload or otherwise transmit any content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any Fitbit representative, or misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
- upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships;
- upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes,";
- upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt servers or other computer systems;
- violate any applicable law or regulation, including, but not limited to, laws regarding the export of technical data;
- incite or provide instructional information about illegal activities; or conduct raffles, contests, lotteries or sweepstakes.
9. Reservation of Rights and Ownership
The Fitbit API is licensed, not sold, and Fitbit reserves all rights not expressly granted to you in this Agreement. This Agreement in no way conveys any ownership rights to you in any Fitbit platform, Fitbit data or Fitbit content accessed through your Developer Applications.
10. Website Links, Developer Application Naming Restrictions, and Use of Fitbit Marks
- You may establish a link to the Fitbit website (www.fitbit.com), provided that the link does not state or imply that Fitbit sponsors or endorses any other web site, or presents Fitbit in a false, misleading, defamatory or derogatory manner. This permission to link to the Fitbit website does not permit you to use any Fitbit materials or content, unless separately agreed to in this Agreement or some other agreement with Fitbit.
- You may not use "FITBIT" or any variation thereof in the name of your Developer Applications. You may not use "FITBIT" or any variation thereof in any domain name, email address, keyword or social media user name.
- You may make truthful, factual references to Fitbit in plain-text prose descriptions of your Developer Applications' features and benefits (including references to a Developer Application's interoperability with Fitbit). For example, the FITBIT trademark can only be used in the manner shown in one of the referential descriptions below:
- "Designed for use with the FITBIT® platform"
- "For use with FITBIT® [insert particular feature/product name]"
- "Synchs with FITBIT® [insert particular feature/product name]"
- "Designed to interact with FITBIT® data"
- In all materials that contain an approved phrase as set out above, including product packaging, the following legend must also be placed in the "fine print" of such materials. The legend may be in a small type size, but must still be legible: "Fitbit is a registered trademark and service mark of Fitbit, Inc. [Insert name of the Developer Application] is designed for use with the Fitbit platform. This product is not put out by Fitbit, and Fitbit does not service or warrant the functionality of this product."
- You acknowledge and agree that this Agreement does not include the right to use any Fitbit logo (each a "Fitbit Logo" and together the "Fitbit Logos") as part of any brand for the Developer Applications themselves, or as part of any brand(s) or trade name(s) or other designators for your business or non-tested products. The Fitbit Logo may be used only in the size and format made available to you through Fitbit's Developer Portal to label or designate data records fetched from the Fitbit Platform. You may not be use the Fitbit Logos in any other manner, including but not limited to use on promotional materials, standalone technical support or consulting services, or other goods or services without Fitbit's explicit written permission.
11. Your Feedback
Any feedback, suggestions and ideas ("Feedback") that you provide to Fitbit regarding the Fitbit API, the Fitbit website, Fitbit products, or content or services related thereto will be treated by Fitbit as non-confidential, and Fitbit may, in its sole discretion, use the Feedback you provide to Fitbit in any way, including in future modifications of the Fitbit API, services, products, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Fitbit a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
You may terminate any license granted to you hereunder at any time by ceasing your access to and use of the API and any use of the Fitbit Data. We may immediately suspend your access to the API and the Fitbit Data or, if necessary, terminate this agreement in its entirely at any time and without notice to you if, in our sole and reasonable judgment we believe that you have breached these Terms of Service or have otherwise engaged in activity that may cause liability to Fitbit. We may also terminate any license provided to you hereunder for any reason with at least thirty (30) days notice to you. Fitbit will not be liable for any costs, expenses, or damages that may result from termination of this agreement. The following Sections of this Agreement shall survive any termination or expiration:
Upon any termination of this agreement, you will promptly cease using the API and the Fitbit Data.
You may be given access to certain non-public proprietary information, software and specifications related to the API and the Fitbit Product and Services (the "Confidential Information"). You may use this Confidential Information only as necessary in exercising the rights granted to you by these Terms of Service. You may not disclose any Confidential Information to any third party without our prior written consent and you agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. This section shall survive termination of these Terms of Service.
THE FITBIT DATA, THE API, AND THE FITBIT PLATFORM, ALONG WITH ANY OTHER MATERIALS PROVIDED BY FITBIT IN CONNECTION WITH YOUR USE OF THE FITBIT API ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FITBIT DOES NOT WARRANT THAT THE API, THE FITBIT PLATFORM OR ANY OTHER MATERIALS PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, BE ERROR FREE, UNINTERRUPTED, VIRUS FREE OR SECURE.
15. Limitation of Liability
IN NO EVENT WILL FITBIT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUMITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE API OR FITBIT PLATFORM, WHETHER ARISING FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESENTIAL PURPOSE. IN ANY CASE, FITBIT'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE API DURING THE LAST YEAR.
You will indemnify, defend and hold Fitbit, its subsidiaries, affiliates, officers and employees harmless from and against any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you in connection with your use of the API, the Fitbit Platform or the Fitbit Marks; (b) your use of the API, Fitbit Platform or the Fitbit Marks other than as expressly allowed by these Terms of Service; (c) your breach or alleged breach of the terms, restrictions, obligations or representations included in these Terms of Service; or (d) your Application. You will assume control of the defense and settlement of any claim subject to indemnification by you; provided, however, that Fitbit may, at any time, elect to take control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Fitbit's prior written consent. This section, and the Limitation of Liability section above, shall survive termination of these Terms of Service.
17. Government Use
If you are part of an agency, department or other entity of the U.S. Government, the use, duplication, reproduction, release, modification, disclosure or transfer of the Fitbit API are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The API constitutes a "commercial item," "commercial computer software," and "commercial computer software documentation." In accordance with such provisions, any use of the API by the U.S. Government shall be governed solely by these Terms of Service.
- These Terms of Service constitute the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings and communications between the parties with respect to that subject matter.
- You may not assign this Agreement or any rights or obligations hereunder, without prior written consent of Fitbit. Any attempted assignment without such prior written consent shall be void. Fitbit may assign this Agreement upon prior written notice to you.
- These Terms of Service do not create or imply any partnership, agency or joint venture between the parties hereto.
- These Terms of Service will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles.
- All claims arising out of or relating to these Terms of Service will be brought exclusively in the federal or state courts of San Francisco County, California, USA and you consent to personal jurisdiction in those courts.
- No waiver by Fitbit of any covenant or right under these Terms of Service will be effective in writing duly authorized by Fitbit.
- If any part of these Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Service will remain in full force and effect.
- All notices to you in connection with these Terms of Service may be delivered via email at the email address provided to Fitbit by you.
19. Export Restrictions.
You acknowledge that you will comply with U.S. Export Administration Regulations. You will not export or re-export this product, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons.